NIA 148 — Power of Appellate Court to order payment pending appeal against conviction

Negotiable Instruments Act, 1881

Statutory text

[148.   Power   of   Appellate   Court   to   order   payment   pending   appeal   against   conviction.—(1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by
the drawer against conviction under section 138, the Appellate  Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent. of the fine or compensation awarded by the trial
Court:
Provided  that  the  amount  payable  under  this  sub-section  shall  be  in  addition  to  any  interim compensation paid by the appellant under section 143A.
(2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the
order,  or  within  such  further  period  not  exceeding  thirty  days  as  may  be  directed  by  the  Court  on sufficient cause being shown by the appellant.
(3)  The  Appellate  Court  may  direct  the  release  of  the  amount  deposited  by  the  appellant to  the
complainant at any time during the pendency of the appeal:
Provided  that  if  the  appellant  is  acquitted,  the  Court  shall  direct  the  complainant  to  repay  to  the
appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India,
prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or
within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant.]

SCHEDULE.—[Enactments   repealed].—Rep.   by   the   Repealing   and   Amending   Act, 1891
(12 of 1891),  s. 2 and Schedule I.

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